Under what circumstances should the Referee impose a major and a game misconduct penalty for spearing when there is no contact made?
The spearing rule applies whether or not actual contact is made. Rule Reference 635(a and b).
The major plus game misconduct penalty must be assessed in every instance where there is a spearing motion made directed at an opponent, even if no contact is made.
A match penalty is assessed in those instances where contact is made with a degree of force that recklessly endangers the opponent.